AZ LAW BOOK

Board may enter into a consent agreement with the respondent. A statement made for the purpose of settlement is not admissible in a formal hearing. D. Informal Hearing; Disciplinary Action 1. If, based on the initial review or its review of the investigative report, the Board determines that the respondent is or may be in violation of the Board’s statutes or rules, the Board may request a voluntary informal hearing with the respondent. The Board shall provide the respondent with a copy of any final investigative report in the matter, any supporting documentation, and notice of the date, time, and location of the informal hearing, as prescribed in A.R.S. § 41-1092.04, at least 30 days before the informal hearing. The notice of informal hearing shall include all of the following: a. A statement of the matters asserted and issues involved; b. Any request for additional information needed by the Board to prepare for the hearing; c. An explanation of the respondent’s right to appear voluntarily with or without legal counsel; and d. An explanation of the respondent’s right to a formal hearing under R4-46-302. 2. The Board shall provide a copy of the informational material “Introduction to Informal Hearing,” which explains the rights and responsibilities of the Board and respondent during the informal hearing. (A copy is also available at the Board office). 3. The respondent may request and the Board may grant a continuance upon a showing of good cause. During the informal hearing the Board shall swear witnesses, question the respondent and witnesses, and deliberate. The respondent may respond to the Board’s questions, present witnesses, and ask questions of the Board and all witnesses regarding the matter before it. 4. If the Board finds a violation of the statutes or rules, but the violation is not of sufficient seriousness to merit suspension or revocation, it may take one or more of the following actions: a. Issue a letter of concern; b. Issue a letter of remedial action; c. Offer a letter of due diligence, which may or may not include remedial action; d. Offer a consent agreement including an order of discipline that sets a time period and terms of probation sufficient to protect the public welfare and safety and educate the respondent. The Board may require one or more of the following as terms of probation: i. Training or education; ii. Supervision or mentor review; iii. Restriction on the nature and scope of the respondent’s practice; or iv. Other reasonable measures designed to protect the public and educate the respondent. 5. For any Board action other than a letter of concern or a letter of remedial action, the Board shall request that the respondent sign a consent agreement, which may include findings of fact and conclusions of law, depending on the severity of the violation, but shall identify and explain each violation found. If the respondent is aggrieved by the Board’s decision to issue a letter of concern or letter of remedial action, the respondent may request a formal hearing in writing, within 30 days from the date the written notice of the outcome of the informal hearing is received. 6. In resolving a complaint, the Board shall consider mitigating and aggravating circumstances, including but not limited to: a. Whether a violation is intentional; b. Whether the respondent has a prior disciplinary history; c. The time that has elapsed since the violation, and any prior violation; d. Whether any prior violation is similar to the present violation; e. The complexity of the assignment; f. Whether the assignment was outside the respondent’s competence; and g. Whether the respondent has taken courses after a violation to prevent future violations. E. Summary Suspension. If the Board finds that the public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, the Board may order a summary suspension pending proceedings for revocation or other action. If an order of summary suspension is issued, the Board shall serve the respondent with a written notice of summary suspension and formal hearing, listing the charges against the respondent and setting the date for the

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Law Book Revised 11.02.2017